This petition challenged a possession notice under SARFAESI ACT. The Court found the petitioner had settled the account, concluding further proceedings were unnecessary. The writ petition was closed.
The writ petition and connected miscellaneous petition were closed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.8615 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.12.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.8615 of 2009 and
M.P(MD)No.2 of 2009
M/s.Pooja Fireworks Represented by its Partner P.P.Madhan Mohan.
... Petitioner
Vs.
... Respondents
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W.P(MD)No.8615 of 2009
PRAYER :
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the files and records relating to the possession notice dated 10.06.2008 under section 13(4) of SARFEASI ACT on the file of the respondents 1 to 4 herein and quash and the illegal proceedings initiated by the Respondents on 10.06.2008 under SARFEASI ACT and direct them to refund the illegally collected sum of Rs.78,000/- as charges to Recovery Agents and Rs.21,500/- being publication charges along with compensation of Rs.5,00,00/-.
For Petitioner : Mr.Santharam Natarajan For R3 : Mr.V.P.Rajan
ORDER
The present writ petition has been filed challenging possession notice issued under Section 13(4) of SARFEASI ACT on 10.06.2008.
petitioner has already settled the account. There are no further proceedings pursuant to the possession notice. This statement is recorded.
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W.P(MD)No.8615 of 2009
Consequently, connected Miscellaneous Petition is also closed.
02.12.2022
Index : Yes / No Internet : Yes / No
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W.P(MD)No.8615 of 2009
R.VIJAYAKUMAR ,J.
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Order made in W.P(MD)No.8615 of 2009
Dated: 02.12.2022
1 issue framed by the court
Whether to allow the writ petition challenging the possession notice issued under Section 13(4) of SARFAESI ACT.
2 provisions across 2 enactments
M/s. Pooja Fireworks
The State Bank of India
R. VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
